Arrow v Frost 2013

[Guest]

Re: Arrow v Frost 2013

Let me clear one thing up.

One of the problems with Arrow v Frost was that the Judge did not believe the clients evidence due to the fact much of the things she said she had done were actually done by the husband instead which came out on the stand in the Court.

That is part of the reason the Judge took the view that he preferred Arrows version.

For disclosure applications Peter you are misunderstanding what we ask for and why, and please read expandable v rubin LJ Rix para 24 for clarity, we are asking for the document mentioned in the Claim form, we are not asking for the signed agreement, if the bank gives us a recon so be it, but we want to see, and are entitled to see, what they rely upon to base their claim upon

I am aware what you are asking for Paul. the question is what you get and if the court accepts it.(more importantly if the disclosure/none disclosure will make any difference to the case)

To me the case transcript is clear, the judge fully illustrates his decision regarding the agreement and quotes the representative case law which justifies it, although he was critical of the defendant his reasoning was based on that case law.

I can copy and paste the relevant passage of the judgment for you if you like.